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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Sitbiya Devi W/o Late Mohan Chouhan – Appellant
Versus
State of Bihar through the Principal Secretary, the Deptt. of Home, Govt. of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioner's request for writ and background information. (Para 1 , 2) |
| 2. illegality of the judicial magistrate's review of prior orders. (Para 3 , 4) |
| 3. arguments regarding the victim's age and the court's duty to protect children. (Para 5 , 6 , 7) |
| 4. court's analysis on the limitations of altering judgments. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 5. court's decision and restoration of previous order. (Para 14 , 15) |
| 6. final order allowing the writ petition. (Para 16) |
JUDGMENT :
ARUN KUMAR JHA, J.
1. The petitioner has filed the present writ seeking the following reliefs:-
(I) For issuance of writ in the nature of ‘Certiorari’or any other appropriate writ for release of the dughter-in-law of the petitioner namely, Shweta Kumari forthwith, who has illegally and erroneously been detained in the Child Welfare Committee (C.W.C.), Biharsharif, Nalanda since 27.05.2025 (now shifted to C.W.C., Nawada) by the order dated 27.05.2025 passed in Parwalpur P.S. Case No. 55/2025 passed by the Learned court of Sri Divyesh Kumar, J.M.-V 1st Class, Hilsa, Nalanda by reviewing his own order dated 30.04.2025 having without authority of law and the same is not permissible in the entire provisions
The court held that a Magistrate cannot review or recall an order once signed, as it violates established judicial procedures and principles of natural justice.
Detention – Child Welfare Committee - Once corpus is minor and the girl had refused to go with her parents, then in such situation arrangement has to be made. Her interest is paramount and before pro....
The court reinforced that individuals, including minors, cannot be detained in protective custody against their will, emphasizing the importance of personal liberty and the right to choose one's spou....
Victims' rights to liberty and personal choice prevail over custodial interventions, even in minor cases, when they express their desire to live with their spouse.
Offence of Rape – Determination of Age - As per statutory mandate of S. 94(2) of J.J. Act, primacy is to be accorded to date of birth certificate from school or matriculation or equivalent certificat....
The court ruled that a Child Welfare Committee cannot rely on unverified school records for age determination when medical evidence indicates adulthood, rendering its jurisdictional order invalid.
A writ of Habeas Corpus may be issued when a detention order lacks jurisdiction or is passed mechanically, especially in cases where age determination is not substantiated as per law.
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